Traditional Chancery is a main area of interest for several members of Chambers’ civil team, who balance detailed legal knowledge with an ability to deal with the acrimonious personal nature of many of these disputes. The team has a strength and depth rarely seen outside London in such a specialist area of law, and is viewed as the ‘go to’ set for many solicitor clients faced with such disputes.
Kings Chambers Associates is fortunate to possess a deep well of expertise across its civil team from which to draw upon when assisting clients with matters related to the Trusts of Land and Appointment of Trustees Act 1996.
Members of the team are regularly instructed in disputes over the co-ownership of land and the availability of proprietary estoppel. Our members have considerable experience advising and litigating on the various possible trusts of land which can arise in relation to substantial assets such as the family home, including common intention constructive trusts, resulting trusts and joint venture constructive trusts.
Our team is able to provide advice and representation in relation to all TOLATA matters. Members regularly appear in the High Court, County Court and First-tier Tribunal (Property Chamber) on behalf of both Claimants and Defendants to such actions.
Grand Chambers also benefits from a broad range of expertise within the family team concerning proceedings under Schedule 1 of the Children Act 1989, which gives Chambers the flexibility and pooled knowledge to advise on whether TOLATA or Schedule 1 is the appropriate enactment to use, and the steps to take where conflicting claims are made under both enactments.
We also offer day-to-day advice on employment contracts and related benefits, termination procedures, HR policies , ESOPS and retirement benefit schemes.
Our members frequently advise on the administration of estates including applications for accounts, uncertainty regarding the meaning of wills, the removal of personal representatives, orders to administer estates, and Beddoe applications.
Recent notable instructions include:
Proceedings against the administrator of an intestate estate for an administration order, devastavit, restitution, breach of fiduciary duty and interim injunctive and declarative relief
Providing written advice pursuant to a Court Order as to the interpretation of an obscurely worded will
A dispute between trustees, relatives and a charity as to the interpretation and effect of an obscurely worded will
An application for the removal of a personal representative on the grounds that the beneficiaries have lost confidence in him to act independently
Members of the team provide specialist advice and representation on all matters of contentious probate including questions as to capacity, duress and undue influence, statutory wills, rectification, and intestacy.
Members also appear in the Probate Registries and before the Family Division in non-contentious probate matters including applications for the removal of caveats, applications in respect of the grant of probate and to pass over personal representatives, and applications for ad colligenda bona.
Our team acts for claimants, defendants and personal representatives in claims brought under the Inheritance (Provision for Family and Dependants) Act 1975, aiming to give pragmatic early advice to increase the chances of settlement where possible, but also to contest trials as strongly as possible where litigation is necessary.